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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
In January 2025, the United States Patent and Trademark Office (USPTO) implemented a broad set of fee increases and structural adjustments intended to address rising operational costs and encourage more efficient patent...more
2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
The statistics below reveal the current trends for proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation proceedings. Three petitions were filed in January 2019, but none have been filed...more
The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. No new design patent petitions have been filed since April 2017, and only one Board...more
The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant...more
Since July 2017, there have been no new design institution decisions, and a pair of final written decisions that resulted in cancelled claims. No new design patent petitions have been filed since April 2017. The statistics...more
As of January 2017, the institution rate for Patent Trial and Appeal Board trials involving design patents was 37 percent. That is significantly lower than every other technology area and makes design patents the only...more
Intellectual property plays an important role in maintaining a competitive edge in rapidly evolving consumer product and consumer packaged goods markets. Consumers expect ongoing product improvements, and savvy companies...more
Over the last few years, companies have increasingly recognized the value of design patents, which are directed to the ornamental (non-functional) appearance of a product....more
Since our last article on the topic of design patent reexaminations (see “All or Nothing Design Patent Reexaminations: On the Rise,” June 8, 2010), design patents are more popular than ever. Interest in design patents...more